Dr. Chakrapani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11760 of 2021 ====================================================== Dr. Chakrapani Kumar, Son of Shree Krishna Prasad, Resident of Village + Post- Kanhaipur, P.S.- Mokama, District- Patna (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Director in Chief Health Services, Bihar, Patna. 4.

The Chairman, Bihar Combined Entrance Competitive Examination, Bihar I.A.S. Association Building Near Patna Airport, Patna-1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

3. In the instant petition, the petitioner has prayed for the following reliefs:

"(i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the obstante clause i.e. 2(iv) pertaining to educational qualification prescribed for appointment of Senior resident / tutor (three years tenure) in the different Medical College and Hospital situated within the state of Bihar and panel is to be formed the same clause 2(iv) provides as follows: "For each failure in the university M.B.B.S. examination 01 (one) mark will be

Patna High Court CWJC No.11760 of 2021 dt.10-01-2022 2/2 deducted those who have passed these examination on more than three occasions will not be eligible for the panel."

(ii) To direct the respondents to fix the eligibility criteria for the post of Senior resident / tutor like wise other medical institution.

(iii) To direct the respondents to allow the petitioner to apply ONLINE in prescribed format for formation of panel to ensure appointment of the petitioner to post of senior resident / tutor.

(iv) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case."

4. Learned counsel for the respondents has pointed out Annexure- A to the counter statement, the Division Bench decision decided on 02.11.2020 in C.W.J.C. No. 23029 of 2019 and the issue involved in the present petition is identical and the same has not been disputed by the learned counsel for the petitioner.

5. In the light of the aforesaid statement, the present petition stands disposed of in terms of order passed in C.W.J.C. No. 23029 of 2019 decided on 02.11.2020.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.01.2022 Transmission Date NA